Can The Police Search My Car In Texas If They Just Smell Marijuana?

YES! In Texas, the odor of burned marijuana gives the police the probable cause necessary to perform a legal search. The situation usually presents itself during a traffic stop when an officer smells marijuana through the open window while speaking with the driver. The odor of marijuana either fresh or faint is a trigger point for the police to search a vehicle without first obtaining a warrant.

Citizens have much less 4th Amendment protection against an illegal search and seizure when they are in their vehicles. The main rationale is that cars are mobile, and they could flee before an officer can get a warrant from a judge to search the vehicle. Another thought is that since cars are regulated by state laws, and are also on public streets, drivers have a reduced expectation of privacy compared to the privacy in their homes. In short, your vehicle is NOT the same thing as your home and the police can search it much more easily.

Bo Kalabus

Bo began his legal career as a civil litigator and specialized in defending personal injury cases. After several years in civil practice, Bo turned his focus to starting his own law firm and developing a criminal defense practice to complement his experience on the civil docket. On September 4, 2010 the Kalabus Law Firm was proud to announce its affiliation with Rosenthal & Wadas L.L.P.